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Wayne Gray Loses Appeal

By Pamela Jones et al.

Wayne Gray's Appeal was to no avail, as all his claims failed, as I told you they should.

The Eleventh Circuit Court of Appeals just ruled [PDF] that Novell under the 1995 APA transferred to Santa Cruz "only the UNIXWARE product business and the portion of the UNIX source-code business that Novell retained following the Licensing Agreement -- which did not include the UNIX trademark", which went to X/Open.

So now there is another decision that the APA did not transfer everything lock, stock and barrel, which was SCO's argument as well as Gray's. Hopefully the Tenth Circuit, which will hear SCO's appeal, reads this ruling. I think this is the end of the road for Gray. I know Gray has the right to try to ask the US Supreme Court to hear a further appeal, but I consider that profoundly unlikely to happen, or more accurately I consider it unlikely to be granted.

So another of the strange side shows in the SCO circus comes to a close.

Full post as published by Groklaw on January 13, 2011 (boomark / email).